I successfully sued a top surgeon. AM (almost)A

[ShakingInTheHighCourt]

Might be helpful to anyone considering this route. There’s a lot of ‘Sue the bastards’ thrown around so I’m happy to share the actual experience. Have namechanged and may change some details for privacy purposes.

What happened?

I was offered elective surgery for a condition that would eventually have resolved. Given entirely the wrong information for consent and then suffered an injury during surgery (never admitted) which was life altering.

Most of the above information was discovered during the legal investigation, initially I was just utterly baffled as to why I’d got worse not better.

This is very interesting as I have had three experiences very recently where surgery was very strongly pushed.

In one case the problem has resolved without surgery (as I thought it would but was repeatedly told this would not happen), one, I decided the risks outweighed the benefits (and once we refused we were told that actually they didn't know what would happen if we didn't have the surgery... there was no actual research/data).

In the third case, there could be a court case as the patient is now blind in one eye and should never have had the surgery in the first case due to several factors.

In the last case I am fuming... and now wonder if surgeons' needs to get a certain number of surgeries 'under their belt' to progress (this was told to me by a friend who is a surgeon) means that they are failing to inform patients of risks/benefits of not operating.

I also had to deal with a very angry young Dr who wanted to do my epidural despite a letter (from another consultant) saying only a senior consultant should do it due to various issues. I felt horribly bullied at a time I was very vulnerable. Luckily the consultant arrived and took over but it was very upsetting.

I am so sorry that this happened to you.

Was this private or nhs?

and now wonder if surgeons' needs to get a certain number of surgeries 'under their belt' to progress (this was told to me by a friend who is a surgeon) means that they are failing to inform patients of risks/benefits of not operating

Failing to consent someone is Avery serious complaint and if it can be proved to a judge that the patient would not have consented given those risks and that the surgery led to the injury then they are liable for the losses suffered. Thanks, Lucy and I wish you well, too.

Caribbean it was private. The NHS have unfortunately had to pick up the pieces.

What op was it?

I can’t be too specific but it was a surgery requiring a two night admission for a painful but self resolving condition. I thought I was in safe hands by going to a surgeon who was a senior consultant at a very well known hospital on the nhs. It would have been considered very routine to any surgeon in this field.

The resulting damage left me with a lifelong injury and pain condition as well as secondary issues relating to my personal life. I lost my job and have had to alter my whole life quite drastically.

What do you think your surgeon's motivation was when operating?

What had led you to see them privately (rather than NHS)?

How long was the process from first consulting a solicitor to receiving the money? If you had lost would you have needed to pay your solicitor or was it no win no fee?

Did the surgeon admit liability? Did it go to court or settle out of court?

Out of curiosity not criticism, how were you not aware that your condition was something that would get better on it's own? I'm trying to word this so it doesn't come across as rude which isn't my intention, but it feels like there is a lot of accessible information online about medical conditions these days which people often consult in addition to seeing a doctor. Obviously that doesn't remove the doctor's responsibility, I'm just curious.

Motive? Hard to say but it’s hard not to think that it wasn’t a decision based on clinical need and my best interests. It was presented as the most reasonable and obvious solution.

I had access to private care which was faster than nhs. In this instance I would have waited at least six months for even an opinion on the nhs whilst unable to work.

How long? About five and a half years. No, I couldn’t have possibly afforded or risked the sums involved. I was covered by a Conditional fee agreement and some insurance from my household policy. There was no risk to me financially but that also meant my case could have been dropped by my solicitors at any stage if they had lost faith.

We went to court. The surgeon admitted some aspects of the claim but not liability.

Yes, I knew I’d get better eventually (maybe several more months) but the condition was really painful and I was off work. When I was offered an operation in such reassuring terms from a top surgeon, I was just relieved I was going to get better and back to normal. With hindsight I wish I’d done more research but I trusted him. The risks were massively downplayed. I really don’t know why he chose to do this.

Do you have any idea whether the surgeon has changed his practice as a result of your outcome?

What have you used the money for? Have you managed to return to some kind of work now?

He probably has changed certain aspects of his practice. I am very far from the only person to take legal action against him. Some aspects of his practice were really shockingly poor which he did admit in court but said he had improved this. He also convinced the GMC of this so it’s probably true.

The money is mainly invested for the future. My needs are quite expensive as I need to pay people to do a lot of things for me that I previously did myself. I did spend some money on one home project that has been very healing and therapeutic.

I doubt I will work again in a paid setting. I’m not an ideal employee as I’d be so unreliable due to pain and have a great long list of things I can’t do. On the surface I look extremely normal though.

Realistically, how much does the awarded money provide, in practical terms - for example.. 10 years salary, 6 month sick pay, you'll never need to work again, etc.

Are you able to claim welfare benefits for being unable to work?

When the settlement is calculated the lawyers take an absolutely forensic approach, they look at lost salary past and future, losses to pension, costs for care and assistance forwards and backwards and all the associated costs. Even really small items purchased or spent are added in.The claim is almost entirely compensation for financial loss- the compensation for pain and suffering ( laid out in law) even for loss of limbs and worse, is tiny.

So my losses were quite large. The settlement was about two thirds of the claim. If I’m careful the money will last to cover all of the expenses it is designed to cover. That’s what kept me going.

I don’t claim and benefits for being unable to work. My DH has a good income so we wouldn’t qualify even if I’d claimed but we don’t need to.

Was it back surgery op?

That sort of thing, yes.